The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. However, during the suspended execution period due to Defendant special intimidation, the instant crime was committed, and the blood alcohol content of the instant case was considerably high as 0.160%, and the occurrence of a traffic accident.

In addition, the defendant has already been punished twice due to drinking driving.

However, the defendant recognized the facts charged and reflected, and the defendant does not repeat the crime such as disposing of vehicles, etc., and the defendant has already been detained for about two months and has an opportunity to repent.

In addition, the family and the branch of the defendant want to have the defendant's wife against the defendant.

In addition, in full view of various circumstances, including the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the lower court’s punishment is unreasonable.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;